People Ex Rel. Mitchell v. . Sohmer
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 9, 1913, which affirmed, hy a divided court, an order of Special Term denying as matter of law, and not in the exercise of discretion, a motion for a peremptory writ of mandamus to compel defendant to issue a warrant upon the state treasurer for the salary of the relator as state commissioner of labor.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 9, 1913, which affirmed, hy a divided court, an order of Special Term denying as matter of law, and not in the exercise of discretion, a motion for a peremptory writ of mandamus to compel defendant to issue a warrant upon the state treasurer for the salary of the relator as state commissioner of labor. The relator applied to the Supreme Court for a writ of mandamus to compel the state comptroller to issue his warrant for the payment of salary to which the relator asserts he is…
1Opinion of the CourtChase, J.
• The question involved on this appeal is not intricate. It is very simple and depends upon a construction of the Public Officers Law. Did the office of commissioner of labor become vacant at the expiration of the term of Commissioner Williams and remain so vacant within the meaning of that law for the purpose of choosing a new incumbent for that office? The office did become and was vacant, that is empty, unoccupied, without an incumbent after the expiration of Commissioner Williams’ term “for the purpose of choosing his (the incumbent’s) successor.” That is the express provision of the…
2Cases cited3 opinions
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- People Ex Rel. Brown v. WoodruffNew York Court of Appeals · 1865
- Tappan v. GrayNew York Court of Chancery · 1842
3Cited by12 opinions
- People v. ShawyerWyoming Supreme Court · 1924
- Ause v. ReganAppellate Division of the Supreme Court of the State of New York · 1977
- People Ex Rel. Lamm v. BantaSupreme Court of Colorado · 1975
- Cragin v. FrohmillerArizona Supreme Court · 1934
- People Ex Rel. Bast v. . VoorhisNew York Court of Appeals · 1919
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